Such transmission shall be effected by electronic means as soon as possible.
CHAPTER 3 Article 9 Where the Commission finds that different binding tariff information exists in respect of the same goods it shall if necessary adopt a measure to ensure the uniform application of the customs nomenclature. Without prejudice to Articles 5 and 64 of the Code, binding tariff information may be invoked only by the holder. The customs authorities may require the holder, when fulfilling customs formalities, to inform the customs authorities that he is in possession of binding tariff information in respect of the goods being cleared through customs. The holder of binding tariff information may use it in respect of particular goods only where it is established to the satisfaction of the customs authorities that the goods in question conform in all respects to those described in the information presented. The customs authorities may ask for this information to be translated into the official language or one of the official languages of the Member State concerned.
Where an applicant wishes to obtain the classification of goods in one of the nomenclatures referred to in Article 20 (3) (b) and (6) (b) of the Code, the application for binding tariff information shall make express mention of the nomenclature in question; any samples, photographs, plans, catalogues or other documents available which may assist the customs authorities in determining the correct classification of the goods in the customs nomenclature, to be attached as annexes; acceptance that the information supplied may be stored on a database of the Commission of the European Communities; however, apart from Article 15 of the Code, the provisions governing the protection of information in force in the Member States shall apply. Where the customs authorities consider that the application does not contain all the particulars they require to give an informed opinion, they shall ask the applicant to supply the missing information. The list of customs authorities designated by the Member States to receive applications for or to issue binding tariff information shall be published in the C series of the Article 7 1.
Binding tariff information shall be notified to the applicant in writing as soon as possible.
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